General Terms and Conditions

§ 1 Provider, scope of application and contracting parties

1. The platform “Labvanced” accessible at www.labvanced.com is referred to below as the platform and is operated by Scicovery GmbH with registered office at Grunigerstr. 19, 33102 Paderborn, Germany, registered in the commercial register of the Local Court of Paderborn under HRB 13448, represented by its managing directors Dr. Caspar Goeke and Dr. Holger Finger, VAT identification number DE311378885, e-mail [email protected] (see also § 42). Scicovery GmbH is referred to below as Scicovery throughout these GTC.
2. These General Terms and Conditions (the GTC for short) apply to all contracts for the provision of the platform, for the recruitment of study participants and for consulting and implementation services concluded between Scicovery and the user. They apply equally to free and to paid use.
3. These GTC apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the user shall not become part of the contract unless Scicovery has expressly consented to their application in text form. This also applies where Scicovery renders performance without reservation in the knowledge of conflicting terms.
4. Individual agreements concluded between the parties in text form, in particular quotations, framework agreements, order forms of public sector customers and statements of work, take precedence over these GTC. The wording of such agreements shall govern their content.
5. In the event of conflicts between the constituent parts of the contract, the following order of precedence applies:
   1. individual agreements in text form,
   2. the data processing agreement pursuant to Art. 28 GDPR, insofar as it concerns the processing of personal data,
   3. these GTC,
   4. the service description of the respective licence applicable at the time the contract was concluded, together with the details set out in the corresponding order confirmation and invoice,
   5. the remaining product documentation.
6. These GTC also apply to all future contracts for services of the same kind between the parties without Scicovery having to refer to them again in each individual case. The version applicable at the time the individual contract is concluded shall govern.
7. A consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) is any natural person who enters into the contract for purposes that predominantly are outside their trade, business or profession. An entrepreneur within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of their trade, business or profession. Universities, research institutions and other legal persons governed by public law act as entrepreneurs within the meaning of these GTC when using the platform for research or teaching purposes.
8. The platform is not directed at persons under the age of 18. A user account may only be created by persons with unrestricted legal capacity. This does not affect the participation of minors in studies conducted by a user via the platform; the user alone is responsible for obtaining the consent of the legal guardians required in that respect (§ 21).

↑ back to top

§ 2 Definitions

The following definitions apply for the purposes of these GTC:

User

the natural or legal person who maintains a user account on the platform or who has concluded a contract with Scicovery for a service under these GTC.

Licence

the right granted to the user for a defined term to use the platform within the scope of functions and quotas defined for the respective licence type.

Licence holder

in the case of group licences, the user who has acquired the licence and administers it, in particular by adding users to and removing users from the licence.

Seat

a personal access place allocated within a group licence and assigned to exactly one named user.

Study

an experiment, survey or other data collection created by the user on the platform, including all associated configurations, flow logic and materials.

User content

all content created, uploaded, stored or transmitted on the platform by the user or on the user's behalf, in particular studies, texts, images, video and audio files, scripts, questionnaires and analysis logic.

Participant

a natural person who takes part in a study conducted by the user via the platform.

Participant data

all data collected from participants in the course of conducting a study, including response data, reaction times, measurement and sensor data and any media recordings.

Recording

a completed or commenced data set of a participant within a study which is counted towards the recording quota of the licence.

Labvanced tokens

the licence-bound accounting unit for the use of AI-supported features of the platform (§ 12).

Quota

the maximum quantity of a resource defined for a licence type, in particular recordings per licence year, storage space, seats and Labvanced tokens.

Platform software

the software with which Scicovery operates the platform, including the web interface, the desktop application, the mobile applications and the browser extension.

Handover point

the router output to the internet of the data centre used by Scicovery.

↑ back to top

§ 3 Subject matter of the contract and overview of services

1. Scicovery operates a web-based platform which enables users to create, share, publish, conduct and evaluate scientific and applied studies.
2. On the basis of these GTC, Scicovery provides three independent types of service which may be commissioned individually or alongside one another:
   1. Licences – the provision of the platform for use over the internet for a limited term in accordance with the respective licence type (§§ 7 to 9);
   2. Recruitment services – the recruitment of participants for the user's studies (§ 10);
   3. Consulting and implementation services – individual support in designing, implementing and correcting studies as well as the development of additional functions (§ 11).
3. The platform is provided over the internet. Scicovery owes the provision of the platform only up to the handover point. Procuring, setting up and maintaining the user's internet connection, end devices and system software, as well as their suitability for using the platform, are the responsibility of the user and do not form part of the scope of services.
4. Use of the platform requires a current web browser supported by its manufacturer and a stable internet connection. The supported system requirements are set out in the product documentation. Features with particular technical requirements, in particular eye tracking and camera and audio recording, are additionally subject to the requirements set out in § 13.
5. There is no entitlement to the development of individual functions, to the adaptation of the platform to the user's particular requirements or to the provision of interfaces, unless separately agreed as a consulting or implementation service pursuant to § 11.
6. Scicovery is entitled to engage subcontractors in providing the services. Responsibility towards the user remains with Scicovery. § 33 applies in addition to the engagement of sub-processors within the meaning of data protection law.
7. The platform is a tool for creating and conducting studies. Scicovery owes neither the scientific validity, methodological suitability or informative value of a study created by the user, nor the accuracy, completeness or usability of the data collected with it. The user alone is responsible for these matters.

↑ back to top

§ 4 Registration and user account

1. Use of the platform requires the creation of a user account. Upon completion of registration, a contract for the free of charge use of the platform within the scope of the free licence is concluded between Scicovery and the user.
2. When registering, the user must provide truthful and complete information and update it without undue delay in the event of changes. This applies in particular to name, e-mail address, billing address, institutional affiliation and, in the case of entrepreneurs, the VAT identification number.
3. Each natural person may create at most one user account and use at most one user account. Sharing a user account between several persons and transferring a user account are not permitted. In particular, it is not permitted to create additional user accounts in order to circumvent account-based quotas or restrictions.
4. There is no entitlement to the creation of a user account. Scicovery may refuse registration without stating reasons.
5. The user may close their user account at any time via the account settings or by declaration in text form to [email protected] at any time. § 28 applies accordingly.

↑ back to top

§ 5 Ordering process, formation of contract and contract text

1. The presentation of licences, recruitment services and other services on the platform does not constitute a legally binding offer but a non-binding invitation to submit an offer.
2. During the ordering process, before the order is submitted, the user is shown the essential characteristics of the service, the term, the total price including any applicable taxes and all further information required under Art. 246a of the Introductory Act to the German Civil Code (EGBGB). The user may correct input errors up to the point of submitting the order by navigating back within the ordering process, amending the input fields or cancelling the process.
3. By submitting the order via the order button at the end of the ordering process (currently “Pay with above details” or “Buy now and pay later”), the user submits a binding offer to conclude the respective contract. The contract is concluded once Scicovery accepts the offer; acceptance takes place by way of the order confirmation, and at the latest upon activation of the ordered service. Receipt of an automated acknowledgement of receipt does not in itself constitute acceptance.
4. Alternatively, a contract may be concluded by offer and acceptance in text form, in particular by e-mail, or on the basis of an order placed by a public sector customer. Quotations issued by Scicovery are without obligation and, unless stated otherwise, valid for 30 calendar days from the date of issue.
5. Licences purchased are activated for the user following conclusion of the contract. In the case of orders placed on account, activation regularly takes place before payment is received; Scicovery reserves the right to withhold activation until payment is received where there is an objective reason to do so, in particular in the case of first-time orders of considerable value or where payments from earlier contracts are outstanding.
6. The contract text, consisting of the order data, these GTC and the invoice, is stored by Scicovery and provided to the user in text form. The user may also access their orders and invoices in their user account at any time. These GTC may be accessed, printed and saved from this page at any time.
7. The German and English languages are available for the conclusion of the contract. § 45 para. 2 remains unaffected.

↑ back to top

§ 6 Right of withdrawal for consumers

1. Consumers have a statutory right of withdrawal in respect of contracts concluded by means of distance communication, in accordance with the withdrawal instructions set out below. Entrepreneurs have no right of withdrawal.

2. Early expiry in the case of services. In the case of a contract for the provision of services – in particular consulting and implementation services pursuant to § 11 and recruitment services pursuant to § 10 – the right of withdrawal expires pursuant to Section 356(4) BGB where Scicovery has fully performed the service and only began performance after the consumer gave their express consent and at the same time confirmed their awareness that they would lose their right of withdrawal upon complete performance of the contract by Scicovery.
3. Early expiry in the case of digital content. In the case of a contract for the supply of digital content not supplied on a tangible medium, the right of withdrawal expires pursuant to Section 356(5) BGB where Scicovery has begun performance of the contract after the consumer has expressly consented to Scicovery beginning performance of the contract before the expiry of the withdrawal period, the consumer has confirmed their awareness that by giving such consent they lose their right of withdrawal upon the commencement of performance, and Scicovery has provided the consumer with a confirmation pursuant to Section 312f BGB.
4. Licences purchased are activated immediately after conclusion of the contract pursuant to § 5 para. 5, and thus before the withdrawal period has expired. The ordering process on the platform does not currently provide for an express request by the consumer that Scicovery begin performance before the withdrawal period has expired, nor for the consent and confirmation of awareness referred to in paragraphs 2 and 3. The consumer's right of withdrawal therefore continues until the withdrawal period has expired, and the consumer owes no compensation for value for the use of the licence up to the withdrawal; Scicovery reimburses the payments received in full in accordance with the withdrawal instructions.
5. Where, by contrast, the consumer has expressly requested that Scicovery begin performance before the withdrawal period has expired – for instance where the contract is concluded in text form pursuant to § 5 para. 4 – and then withdraws from the contract, they owe compensation for value pursuant to Section 357a(2) BGB. In the case of licences, the amount of such compensation is calculated on a pro rata temporis basis by reference to the ratio of the licence term elapsed up to receipt of the declaration of withdrawal to the agreed total term; in the case of recruitment services, by reference to the proportion of participants already recruited; and in the case of consulting and implementation services, by reference to the hours of service already rendered.
6. There is no right of withdrawal in respect of contracts excluded from the right of withdrawal pursuant to Section 312(2) to (6) or Section 312g(2) BGB.
7. The statutory right of withdrawal must be distinguished from the contractual refund provisions set out in § 27, which apply independently of and in addition to the right of withdrawal.

↑ back to top

§ 7 Licence types, quotas and service description

1. Upon registration, every user receives a free licence at no charge. The user may purchase a paid licence at any time. The paid licences are organised into licence families reflecting typical contexts of use:

   Licence family	Typical context of use	Type
   Free / Trial	Initial use, testing and evaluation of the platform	Single licence
   Researcher	Individual researchers	Single licence
   Lab / Department / Consortium	Working groups, institutes and research consortia	Group licence
   Seminar / Lecture / Campus	Teaching courses and institution-wide use in teaching	Group licence
   Startup / Scaleup / Enterprise	Commercial and applied use	Single or group licence

2. The specific scope of functions and quotas of the individual licence types is set out in the service overview applicable at the time the contract is concluded, available at www.labvanced.com/get_license.html as well as in the order confirmation and the invoice. This information forms part of the contract. The version applicable at the time the contract is concluded governs the scope of the services owed.
3. The licence types differ in particular with regard to the following quotas:
   1. Recordings per licence year – the maximum number of participant data sets that may be collected within a licence year;
   2. Storage space – the storage volume available for user content and participant data;
   3. Seats – the number of users who may use a group licence concurrently (§ 9);
   4. Labvanced tokens – the quota for AI-supported features (§ 12);
   5. Scope of functions – the availability of individual platform features.
4. Quotas are tied to the licence and to its term. Quotas not used up expire at the end of the respective licence year or at the end of the licence term; they are not carried over into a subsequent period, paid out or offset against other quotas or fees. In the case of multi-year licences, the annual quotas are reset on each anniversary of activation.
5. Where the user reaches a quota, the feature concerned may be restricted or suspended until the quota is increased or until the next licence year begins. The user may increase quotas against payment within the scope of the options offered from time to time. Participant data already collected is unaffected by the exhaustion of a quota and remains accessible; § 28 remains unaffected.
6. Free licence. The free licence is provided free of charge. Scicovery may change the scope, quotas and availability of the free licence at any time with effect for the future or discontinue the free licence; Scicovery will inform the user of this in text form with reasonable notice, as a rule at least four weeks in advance, and give them the opportunity to export their data pursuant to § 28. The limited liability provisions set out in § 30 para. 6 apply to the free licence.
7. Trial licence. A trial licence serves exclusively to test and evaluate the platform. It is limited in time and in quota, may be used only once per user and ends automatically upon expiry of the trial period without any need for termination. § 30 para. 6 applies accordingly to the trial licence.
8. Licences for teaching and training purposes (Seminar, Lecture, Campus) may be used exclusively in the context of teaching. Use of these licences for third-party funded research, contract research or commercial purposes is not permitted and gives rise to a claim pursuant to § 9 para. 6.

↑ back to top

§ 8 Rights of use and restrictions on use

1. Scicovery grants the user, for the term of the respective licence, the non-exclusive, non-transferable, non-sublicensable right, unrestricted as to territory, to use the platform as intended within the scope defined for the licence type purchased. No further rights are granted.
2. All rights in the platform software, in the trade mark “Labvanced”, in the design, in the documentation and in all underlying concepts, algorithms and data structures remain with Scicovery or its licensors. The user acknowledges Scicovery as the sole rights holder and licensor of the platform. The contract does not effect any transfer of intellectual property rights.
3. The user is not entitled to
   1. reproduce, modify, decompile, reverse engineer or disassemble the platform or parts thereof, except to the extent mandatorily permitted under Sections 69d and 69e of the German Copyright Act (UrhG);
   2. enable third parties to use the platform, in particular by way of rental, lending, sublicensing, resale or operation as a service for third parties;
   3. remove, alter or obscure copyright notices, trade marks or other proprietary notices;
   4. circumvent protective mechanisms of the platform or undermine quotas, access restrictions or billing mechanisms;
   5. access the platform by automated means beyond its intended use, in particular by scraping, crawling or the mass extraction of content, where no documented interface is provided for that purpose.
4. Use of the platform by persons employed by or working for the user is permitted within the scope of the licensed seats. The user is responsible for compliance with these GTC by such persons as for its own conduct.
5. The user may also use the platform within the scope of the licence purchased for research projects carried out jointly with third parties, provided that the studies are administered in the user's account and that third parties access the platform exclusively via their own duly licensed user accounts.
6. There is no non-compete obligation. However, the user may not use the platform for the purpose of developing a product competing with the platform, and may not publish any performance, benchmark or comparison data relating to the platform without first giving Scicovery the opportunity to comment. This does not affect scientific publications which describe or methodologically evaluate the platform as an instrument of data collection.
7. The platform may contain third-party components, including open source software. Such components are governed primarily by the respective licence terms of the rights holders. Scicovery will provide an overview of the third-party components used in text form upon request.

↑ back to top

§ 9 Group licences, seats and licence administration

1. Group licences entitle the licence holder to add further users to the licence and thereby make the scope of functions and quotas of the licence available to them. The number of users concurrently added to the licence may not exceed the number of seats purchased.
2. Seats are personal. Each seat is assigned to exactly one named natural person. The concurrent use of a seat by several persons and the creation of shared, functional or device accounts are not permitted. Reassigning a seat to another person is permitted where the person previously assigned to it permanently ceases to use it.
3. Only persons belonging to the licensed organisational unit may be added to a group licence. The licensed organisational unit is the unit named in the ordering process or in the quotation, in particular the working group, institute, department, faculty, university, research consortium or company. In the case of consortium and network licences, the group of authorised persons is determined by the individual agreement.
4. The licence holder is responsible for ensuring that only authorised persons have access to the licence. They must remove persons who leave the licensed organisational unit – such as students upon completion of their course of study or departing employees – without undue delay and at the latest within 30 calendar days of the affiliation ceasing.
5. Scicovery is entitled to verify compliance with the licence terms. Upon request, the user shall provide Scicovery within 30 calendar days with information in text form about the persons assigned to the licence and their affiliation to the licensed organisational unit. Verification shall be carried out in a manner that interferes with the user's operations as little as possible.
6. Subsequent licensing. Where the licence is used beyond the contractually agreed scope – in particular by adding unauthorised persons, by exceeding the number of seats or by using a teaching licence contrary to its purpose pursuant to § 7 para. 8 – the user shall pay in arrears the remuneration that would have been payable for the scope actually used had it been duly licensed. The price list applicable at the time of the excess use shall govern; the additional remuneration is calculated for the period of the excess use, but for a minimum of three months. The assertion of further damages remains reserved; the additional remuneration shall be credited against any such claim. The user remains entitled to prove that no damage or substantially lower damage has been incurred.
7. Paragraph 6 does not constitute a contractual penalty. In relation to consumers, paragraph 6 applies with the proviso that only the damage actually incurred or the remuneration actually saved is owed; no flat minimum period is charged to consumers.
8. The licence holder may purchase additional seats during the current licence term. The remuneration for additional seats is calculated pro rata temporis for the remaining term unless expressly agreed otherwise.
9. Where the group licence ends, the entitlements of all users assigned to it cease. Their user accounts are downgraded to the free licence; the studies they have created and the data they have collected remain accessible in accordance with § 28.

↑ back to top

§ 10 Recruitment of study participants

1. The subject matter of the recruitment service is the recruitment of a number of participants determined by the user for a study created on the platform. Scicovery undertakes to recruit the number of participants ordered at the agreed price.
2. Scicovery is entitled to engage third parties in performing the recruitment service, in particular crowdsourcing providers and participant panels. The user has no influence over the relationship between Scicovery and such third parties.
3. Scicovery does not owe any particular recruitment period. Where recruitment exceeds a period specified by the user, the fees attributable to the participants not yet recruited will be refunded to the user. No further claims arise on account of the period being exceeded.
4. The user may specify requirements as to the demographic composition of the participants to be recruited, in particular age, gender, language skills or country of origin. Scicovery takes such specifications into account when recruiting but assumes no warranty as to their accuracy. Such information is generally based on self-disclosure by the participants and cannot be verified by Scicovery.
5. Scicovery assumes no warranty as to the accuracy, completeness, quality or scientific usability of the data collected from recruited participants. This is due in particular to the fact that participants may discontinue their participation at any time, that data quality depends substantially on the internal validity and the technical implementation of the study, and that Scicovery has no influence over the motivation and diligence of participants.
6. Before commissioning recruitment, the user is obliged to check their study for functionality, intelligibility and reasonable completion time. Where recruitment is discontinued on account of identifiable defects in the study, or where participants are compensated on account of such defects, the user shall bear the resulting costs.
7. The user shall treat recruited participants in accordance with the applicable terms of the respective panel, in particular not reject participations without objective reason and duly process compensation codes.
8. No contractual relationship with Scicovery regarding participation in the study arises between the user and the recruited participants. Under data protection law, the user is responsible for the collection and processing of the participant data (§ 32).

↑ back to top

§ 11 Consulting and implementation services

1. For separate remuneration, Scicovery offers individual services, in particular
   1. dedicated support services, such as one-to-one video conference sessions,
   2. the review, improvement or correction of individual studies of the user,
   3. the implementation of studies and study prototypes for the user,
   4. the development of additional functions required for a project of the user,
   5. training sessions and workshops.
2. Consulting and implementation services are agreed individually and always require a prior enquiry from the user describing the service desired. Scicovery prepares a quotation on that basis. Billing is at the agreed hourly rate or for an agreed fixed price.
3. Where billing is based on time and materials, effort estimates are non-binding unless expressly designated as binding. Where it becomes apparent that a non-binding estimate will be exceeded by more than 20 per cent, Scicovery will inform the user without undue delay and obtain their decision as to whether to continue.
4. Scicovery implements the user's requirements to the best of its knowledge with the care of a prudent businessperson. The user shall provide the information, materials, access rights and acts of cooperation required for the provision of the services in good time, in full and free of charge. Delays attributable to omitted or delayed cooperation shall not be to the detriment of Scicovery.
5. Acceptance. Upon completion of an implementation service, Scicovery makes the result available to the user for inspection. The user shall inspect the result without undue delay and at the latest within 14 calendar days and either accept it or specify defects in text form. If, within that period, the user neither accepts the result nor gives notice of defects, the service shall be deemed accepted; the user will be expressly informed of this when the result is made available. In relation to consumers, deemed acceptance only occurs where the consumer has been expressly informed of the significance of their conduct.
6. The user is entitled to one revision of the implementation free of charge to remedy deviations from the agreed service description. Further revisions and requests for changes going beyond the agreed service description are subject to separate remuneration. The user's statutory rights in respect of defects remain unaffected.
7. Upon acceptance, responsibility for the substantive and methodological accuracy of the study passes to the user. Scicovery is not liable for incomplete or defective data collection resulting from circumstances which the user could have identified upon acceptance.
8. In respect of the results of implementation services, the user receives a non-exclusive right of use, unrestricted in time and territory, for the agreed purposes, effective upon payment in full of the agreed remuneration. All rights in generally usable building blocks, tools, libraries and know-how which Scicovery uses or develops in providing the services remain with Scicovery.
9. Refunds for consulting and implementation services already rendered are excluded; statutory rights in respect of defects and rights of rescission, as well as the right of withdrawal pursuant to § 6, remain unaffected.

↑ back to top

§ 12 AI-supported features and Labvanced tokens

1. The platform provides features based on artificial intelligence systems, in particular for generating and revising texts, generating images, speech synthesis, translating study content and supporting the creation of studies (the AI features for short). Use of the AI features is voluntary.
2. Use of the AI features is billed by way of Labvanced tokens. Token consumption depends on the nature and scope of the respective request and is displayed to the user before or upon use. The token quota is tied to the licence; § 7 para. 4 applies accordingly. Labvanced tokens have no monetary value, are not transferable, cannot be paid out and are not refunded.
3. The holder of a group licence may set user-specific caps on token consumption for individual users.
4. Use of third-party providers. Scicovery provides the AI features with the involvement of specialised third-party providers. For that purpose, the inputs submitted by the user are transmitted to and processed by the respective provider. Processing outside the European Economic Area is possible in that context; Scicovery takes the measures required under Chapter V GDPR, in particular the conclusion of standard contractual clauses. The providers engaged from time to time are identified in the overview of sub-processors pursuant to § 33 para. 3 and named in the Privacy Policy of the website.
5. Permitted inputs. The user may not enter into the AI features any personal data of participants, any special categories of personal data within the meaning of Art. 9 GDPR, any trade or business secrets of third parties, or any content whose transmission to the respective provider is legally prohibited for them. The user is responsible for checking, before use, whether the intended input is permissible under the requirements applicable to them, in particular under data protection law, employment and public service law and the requirements of their institution.
6. No warranty as to results. AI features generate results on a statistical basis. Results may be inaccurate, incomplete, out of date, biased or substantively inappropriate and may infringe third-party rights. Scicovery assumes no warranty as to the accuracy, completeness, suitability or lawfulness of the results. The user is obliged to check all results on their own responsibility before using them. The use of AI results as study materials, as the basis for scientific statements or as a basis for decisions is at the user's sole responsibility.
7. Rights in the results. To the extent that rights arise in the results of the AI features and Scicovery is able to dispose of them, Scicovery transfers to the user the exclusive rights of use therein, unrestricted in time, territory and content. The user acknowledges that machine-generated results are not readily protectable by copyright, that identical or similar results may also be displayed to other users, and that Scicovery is therefore unable to warrant exclusivity or freedom from third-party rights.
8. The user's own credentials. Where the platform offers the option of storing the user's own access key for an AI provider, the following applies: the user concludes the contract with the provider in their own name and for their own account. They bear the resulting charges themselves and must comply with the provider's terms. In that case Scicovery merely transmits the requests technically and is liable neither for the availability nor for the results of the provider. The user shall keep the access key confidential and revoke it without undue delay if compromise is suspected.
9. The user may not use the AI features to train or improve models that compete with the services of Scicovery or its providers, and may not generate any content that is prohibited under § 20.
10. Scicovery may change, restrict or discontinue individual AI features at any time, in particular where a provider changes or discontinues its services or where legal requirements so require. § 17 applies accordingly.

↑ back to top

§ 13 Camera, audio and eye-tracking features; biometric and emotion-related procedures

1. The platform provides features which allow camera and microphone recordings to be made, eye movements to be recorded (eye tracking) and further camera-based characteristics to be derived within the scope of a study via the end devices of participants, in particular head position, facial expression characteristics and physiological parameters estimated from the video signal. Use of these features is optional and must be expressly activated by the user for each study.
2. Processing on the end device. In the case of eye tracking, the video signal is generally evaluated locally on the participant's end device. No video or image data is transmitted to Scicovery in that context, only the numerical measurement values derived from it. Camera and audio recordings are initially cached on the participant's end device. The user may determine in the study settings whether such recordings are transmitted to Scicovery or to a server operated by the user themselves. Details are set out in the privacy policy as published there.
3. Responsibility of the user. The user alone decides whether and to what extent they use these features. They are responsible for
   1. obtaining, prior to collection, effective, informed and explicit consent from participants which satisfies the requirements of Art. 6, 7 and – where special categories of personal data are concerned – Art. 9 GDPR,
   2. informing participants intelligibly about the nature, scope, purpose, duration and recipients of the processing and about their right to withdraw consent at any time,
   3. carrying out any data protection impact assessment required under Art. 35 GDPR and obtaining the necessary approvals (§ 21),
   4. offering participants an equivalent opportunity to take part without using a camera or microphone, where legally required.
4. Biometric data. The user acknowledges that the features referred to may generate data which is to be classified as biometric data or health data and thus as special categories of personal data within the meaning of Art. 9 GDPR. Processing is permissible only where an exception under Art. 9(2) GDPR applies. The use of these features for the unique identification of natural persons is prohibited.
5. Emotion-related procedures. The use of features directed at inferring emotions or intentions from biometric data is not permitted
   1. in the workplace and in education institutions, to the extent prohibited under Art. 5(1)(f) of Regulation (EU) 2024/1689 (AI Act); this applies in particular to data collection involving the user's employees and students in the context of teaching activities where participation or the outcome may influence assessment or the employment relationship,
   2. for the biometric categorisation of natural persons according to special categories of personal data within the meaning of Art. 5(1)(g) of the AI Act,
   3. for the purposes of influencing, assessing or selecting persons outside a clearly delimited research purpose.
   Where the user uses emotion-related procedures in a permissible manner, they must inform the persons concerned in accordance with Art. 50(3) of the AI Act.
6. The results of the procedures referred to are estimated values. Their accuracy depends substantially on factors over which Scicovery has no influence, in particular the camera and processing performance of the end device, lighting conditions, calibration, head posture, visual aids and the cooperation of the participant. Scicovery does not warrant any particular measurement accuracy, sampling rate, classification quality or comparability with instrument-based procedures. Accuracy figures stated in the product documentation are empirical values obtained under reference conditions and do not constitute a guarantee of quality.
7. Model data may be loaded onto the participant's end device for in-browser evaluation. The user shall ensure that the technical requirements are described in the participant information.
8. Use of the features referred to in this section for medical purposes is excluded; § 21 para. 5 applies.

↑ back to top

§ 14 Desktop application, mobile applications and browser extension

1. In addition to the web interface, Scicovery provides a desktop application, mobile applications for Android and iOS and a browser extension. These enable in particular the conduct of studies without a permanent internet connection, access to device functions and the integration of external web content into studies.
2. Scicovery grants the user, for the term of their contract, the non-exclusive, non-transferable right to install these applications on the end devices used by them or by participants and to use them as intended. § 8 applies accordingly.
3. Where the mobile applications are obtained via third-party distribution platforms, the terms of use of those platforms apply in addition. The respective platform operator is not a party to this contract and is neither entitled nor obliged under it.
4. Local data storage. Where studies are conducted offline using the desktop application or a mobile application, the data collected is initially stored exclusively locally on the respective end device and only transmitted once a connection exists. The user alone is responsible for the backup, availability and integrity of locally stored data. Scicovery is not liable for the loss of locally stored data, in particular as a result of loss of the device, device defects, uninstallation, resetting of the device or deletion by the user or participant. § 30 remains unaffected.
5. The user is obliged to install available updates to the applications promptly. Scicovery may discontinue support for older program versions where their continued operation is no longer justifiable for technical or security reasons. Attention is drawn to mandatory statutory update obligations, in particular under Section 327f BGB in relation to consumers.
6. Browser extension. The browser extension serves to enable interactions with external websites within studies. The user is responsible for ensuring that the use of the extension in their study is permissible and, in particular, does not infringe the terms of use of the websites involved or their rights. Data processing by the extension is governed by the separate privacy policy of the browser extension as amended from time to time.
7. The user is responsible for informing participants intelligibly, before an application or extension is installed, about how it works, what data is processed and how it can be uninstalled.

↑ back to top

§ 15 Beta and preview features

1. Scicovery may designate individual features as beta, preview, test or laboratory features and make them available for trial. Such features are under development, do not form part of the services owed and are provided without any warranty as to particular characteristics.
2. Beta features may be incomplete, contain errors, lead to data loss and be changed, restricted or discontinued at any time without notice. There is no entitlement to a beta feature being transferred into the regular scope of services.
3. The user decides on their own responsibility whether to use beta features. Their use in productive data collection is discouraged. Where the user nevertheless uses a beta feature in an ongoing study, they bear the associated risk.
4. Rights in respect of defects are excluded for beta features; liability is governed by § 30 para. 6.

↑ back to top

§ 16 Availability, maintenance and support

1. Scicovery warrants an availability of the platform of 95 per cent on an annual average at the handover point. Availability is calculated as the ratio of actual availability time to the total time of the calendar year less the times not counted pursuant to paragraph 3.
2. The platform is deemed available where its essential functions can be used at the handover point. Insignificant impairments of individual functions are disregarded.
3. Periods during which the platform is unavailable or only partly accessible for any of the following reasons do not count as unavailability:
   1. scheduled maintenance; Scicovery carries out plannable maintenance work where possible at times of low usage and, where maintenance work causes an impairment of more than 30 minutes, announces it where possible at least 48 hours in advance in text form or by notice on the platform;
   2. urgent measures to avert acute security risks or to safeguard the integrity of the system;
   3. force majeure within the meaning of § 31;
   4. disruptions attributable to acts of third parties not acting on behalf of Scicovery, in particular attacks on the infrastructure;
   5. technical conditions of the internet beyond Scicovery's control and disruptions within the responsibility of network operators;
   6. disruptions attributable to the hardware, software, network connection or configuration used by the user or by participants, in particular outdated browsers, restrictive security settings or unsupported end devices;
   7. disruptions attributable to use by the user in breach of contract.
4. Scicovery is entitled to interrupt the platform temporarily to the extent necessary for reasons of system security, system integrity or the performance of technically necessary work. In doing so, Scicovery will give appropriate consideration to the user's interests and keep interruptions as short as possible.
5. Support. Scicovery provides users of paid licences with support in German and English via the contact channels stated on the platform. Support comprises information on how the platform works and the receipt and handling of fault reports. Scicovery handles support requests with reasonable care on business days (Monday to Friday, excluding public holidays at Scicovery's registered office). Particular response or restoration times are owed only where expressly agreed.
6. There is no entitlement to support services under the free licence or the trial licence. Scicovery may provide such services voluntarily without any entitlement arising for the future.
7. The user shall report faults in text form without undue delay after becoming aware of them, providing the details necessary to trace them, in particular the time, the study concerned, the end device and browser used and a description of the effects of the fault. Where the user culpably fails to comply with this obligation, Section 536c BGB applies accordingly.
8. Scicovery monitors the operation of the platform and will remedy faults that come to its attention without undue delay within the scope of what is technically and operationally possible.

↑ back to top

§ 17 Further development and changes to the services

1. Scicovery develops the platform on an ongoing basis and provides updates within the scope of the service at no separate charge. Updates may contain new functions and may alter existing functions.
2. Scicovery is entitled to change functions of the platform where this is necessary in order to
   1. adapt the platform to the state of the art or to changed system environments,
   2. close security vulnerabilities or enhance system security,
   3. comply with statutory or regulatory requirements or court decisions,
   4. replace services of third-party providers whose provision has been changed or discontinued, or
   5. improve the usability or functionality of the platform.
3. Where a change pursuant to paragraph 2 results in a not merely insignificant impairment of the user's existing options for use, Scicovery will inform the user of this in text form with reasonable notice, as a rule at least four weeks before it takes effect. In that case the user may terminate the affected contract extraordinarily within 30 calendar days of receipt of the notification with effect from the date on which the change takes effect; fees paid in advance will be refunded pro rata temporis for the period not used.
4. Paragraph 3 does not apply to changes to or the discontinuation of beta features (§ 15) or to changes to the free licence (§ 7 para. 6).
5. Further development and updates may result in temporary impairments of the platform or of the content created by the user. Where such impairments are not permanent and the contractual use is not significantly reduced, they do not give rise to rights in respect of defects. The user is advised to re-check their studies after significant updates before using them productively.

↑ back to top

§ 18 General user obligations and access credentials

1. The user shall keep the access credentials assigned to them secret, protect them against access by third parties and not disclose them to unauthorised persons. They shall choose a secure password not used elsewhere and use the security mechanisms offered by Scicovery.
2. The user shall inform Scicovery in text form without undue delay as soon as they become aware, or reasonably suspect, that access credentials have been lost, are being used without authorisation or have come to the knowledge of third parties.
3. Where services of Scicovery are used by unauthorised third parties using the user's access credentials, the user is liable for the fees thereby incurred within the scope of civil liability until the access credentials are changed or until notification pursuant to paragraph 2, provided that the user is at fault in respect of the access by the unauthorised third party. In relation to consumers, liability exists only in the event of a culpable breach of the obligations under paragraphs 1 and 2.
4. The user shall use the platform exclusively in accordance with the contract and comply with all legal provisions applicable to such use, in particular data protection law, copyright and personality rights, competition law and the professional, public service and university law requirements applicable to them.
5. The user shall test the platform in the configuration intended by them before using it productively. In particular, they shall check their studies for technical functionality, completeness and proper data capture before publishing them.
6. The user shall export the data collected by them at regular intervals and back it up within their own sphere of responsibility. The backups maintained by Scicovery (§ 34 para. 4) do not replace the user's own data backup.
7. The user shall not introduce malware into the platform and shall not take any measures liable to impair the functionality of the platform or its infrastructure, in particular shall not generate excessive system load.
8. Security investigations, penetration tests and comparable measures against the platform are permitted only with the prior consent of Scicovery in text form and within the agreed scope. Where the user identifies a security vulnerability, they shall inform Scicovery without undue delay and treat it confidentially until it has been remedied.

↑ back to top

§ 19 User content, grant of rights and indemnification

1. The user may independently create and upload user content on the platform. Scicovery does not take note of user content and does not review it for lawfulness without specific cause. There is no obligation to carry out general monitoring.
2. All rights in the user content remain with the user or the respective rights holders. Scicovery does not acquire any rights beyond the scope set out in paragraph 3.
3. Grant of rights. The user grants Scicovery a non-exclusive right, unrestricted as to territory, free of charge and limited to the term of the contract, to store, reproduce, transmit, technically adapt (in particular convert, compress and scale) and make publicly available the user content to the extent necessary to provide the contractually owed services. This includes in particular
   1. displaying the study content to participants of the studies published by the user,
   2. displaying it to other users to whom the user has granted access or with whom they have shared a study,
   3. including it in publicly accessible study libraries or template collections, if and for as long as the user has expressly activated this for the study concerned,
   4. making backup copies and holding it in failover systems.
   The right to sublicense exists exclusively in relation to the sub-processors engaged pursuant to § 33 and exclusively for the purposes stated above. The right of use ends upon deletion of the respective content, subject to backup copies still in existence pursuant to § 34 para. 4.
4. Scicovery is not entitled to evaluate, publish or pass on to third parties any user content or participant data for its own purposes, or to use it to train artificial intelligence models. Processing for the purposes of troubleshooting, system security and compliance with statutory obligations, as well as the evaluation of anonymised usage statistics which have no personal reference and no reference to individual user content, remain permissible.
5. Warranties given by the user. The user warrants that
   1. they hold all rights in the user content required for its contractual use, in particular copyright, ancillary copyright, trade mark and personality rights, or that the content is in the public domain or subject to a licence permitting such use,
   2. the user content does not infringe any third-party rights and has not been taken over in breach of third-party licence terms,
   3. the user content complies with all applicable legal provisions and in particular is not incitement to hatred, glorifying violence, pornographic, defamatory, discriminatory or otherwise unlawful.
6. Where, for methodological reasons, a study contains stimuli or materials that are distressing, aversive or unsuitable for certain groups of persons, the user shall obtain the necessary approvals (§ 21), inform participants appropriately in advance and provide for suitable protective measures.
7. Indemnification. The user shall indemnify Scicovery against all third-party claims asserted against Scicovery on account of the user content, on account of the conduct of the user's studies or on account of a breach of the user's obligations under this contract. The indemnification also covers the reasonable costs of legal defence. Scicovery will inform the user of any claim without undue delay, give them the opportunity to defend against the claim to the extent legally possible, and will not make any admission or enter into any settlement without the user's consent. The user shall provide Scicovery without undue delay with all information available to them concerning the matter giving rise to the claim. The obligation to indemnify does not apply to the extent that the user is not responsible for the infringement.
8. Scicovery is entitled to block or remove user content where there is a specific indication of unlawful use or of a breach of § 20. The procedure is governed by § 36.

↑ back to top

§ 20 Prohibited uses

1. The user is prohibited from using the platform in order to
   1. create, store or disseminate illegal content within the meaning of Art. 3(h) of Regulation (EU) 2022/2065 (Digital Services Act);
   2. disseminate content that infringes third-party rights, in particular copyright, trade mark, personality or data protection rights;
   3. conduct studies aimed at deceiving participants as to the nature and purpose of the data collection, unless the deception is methodologically necessary, has been approved by a competent ethics committee and is accompanied by subsequent debriefing;
   4. harass, pressure or discriminate against participants or subject them to unreasonable disadvantage;
   5. collect personal data without a legal basis, in particular process special categories of personal data within the meaning of Art. 9 GDPR without effective consent;
   6. observe, monitor or profile persons without their knowledge;
   7. use procedures prohibited under Art. 5 of the AI Act, in particular those referred to in § 13 para. 5;
   8. make medical diagnoses, direct treatment or pursue any other purposes excluded under § 21 para. 5;
   9. conduct prize draws, games of chance, advertising or direct marketing measures that do not form part of a study;
   10. disseminate unsolicited messages (spam), pyramid schemes or fraudulent offers;
   11. deploy malware, scripts for circumventing security mechanisms or tools for unauthorised access;
   12. use the platform in a manner liable to significantly damage the reputation of Scicovery or of the platform.
2. The user shall ensure that the persons assigned to them and the third parties engaged by them also comply with the requirements set out in paragraph 1.
3. In the event of breaches of paragraph 1, Scicovery is entitled to take the measures provided for in § 26. The assertion of claims for damages remains reserved.

↑ back to top

§ 21 Research ethics, consents and exclusion of any medical purpose

1. The user alone is responsible for ensuring that the studies conducted by them via the platform comply with the legal, professional and research ethics requirements applicable to them.
2. Before commencing data collection, the user shall obtain all necessary approvals and opinions, in particular the approval of the competent ethics committee or institutional review board where required under the requirements applicable to them. Scicovery reviews neither the existence of such opinions nor their scope.
3. The user shall ensure that all consents and other legal bases required for the processing of the participant data are in place and that participants are informed intelligibly, before their participation begins, about
   1. the controller and their contact details,
   2. the purpose, nature, scope and duration of the data processing,
   3. the collection procedures used, in particular those referred to in § 13,
   4. the recipients of the data and any transfers to third countries,
   5. data subject rights, in particular the right to withdraw consent,
   6. the possibility of discontinuing participation at any time without disadvantage.
4. Where minors or persons with limited capacity to consent are involved, the user shall obtain the consent of the legal guardians or legal representatives and ensure that information is provided in an age-appropriate manner.
5. Not a medical device. The platform is not a medical device within the meaning of Regulation (EU) 2017/745 and not an in vitro diagnostic medical device within the meaning of Regulation (EU) 2017/746. It is not intended to detect, prevent, monitor, predict, treat or alleviate diseases or disabilities. All measurement and estimated values collected via the platform, including the values referred to in § 13, are intended exclusively for research, teaching and analysis purposes and may not be used as medical measurement values, as the basis for a diagnosis or as a basis for decisions concerning treatment. The user may not use the platform in a manner that establishes a medical purpose. Where the user intends to use it in a clinical context, they alone are responsible for compliance with the relevant provisions and for all resulting obligations.
6. The user shall make appropriate arrangements for cases in which participants make statements during a study indicating an acute risk, and shall refer participants to suitable sources of assistance.
7. Where the user breaches the obligations under this section, Scicovery is entitled to block the study concerned in accordance with § 26.

↑ back to top

§ 22 Prices, taxes and invoicing

1. The prices applicable at the time the contract is concluded shall govern. All prices are net prices in euros plus value added tax at the statutory rate, where applicable.
2. The treatment for value added tax purposes depends on the user's place of establishment and their status as an entrepreneur:
   1. Users established in Germany are charged German value added tax at the statutory rate.
   2. Entrepreneurs established in another member state of the European Union who provide a valid VAT identification number are not charged value added tax; the tax liability passes to the user under the reverse charge procedure.
   3. Non-entrepreneurs established in another member state of the European Union are charged the value added tax of the respective member state at the statutory rate.
   4. Users established outside the European Union are not charged German value added tax. The user is responsible for fulfilling any tax obligations in their state of establishment.
3. The user is obliged to provide complete and accurate information required for the correct tax treatment, in particular country of establishment, entrepreneur status and VAT identification number, and to notify any changes without undue delay. Where such information proves to be incorrect and Scicovery is consequently required to account for value added tax, the user shall reimburse Scicovery the corresponding amount together with any interest and late payment surcharges.
4. Any withholding taxes, deductions or other levies imposed on the remuneration in the user's state of establishment shall be borne by the user. Amounts payable to Scicovery shall be paid in such a way that Scicovery receives the agreed net amount in full. Upon request, Scicovery shall provide the certificates required to avoid or reclaim withholding tax, to the extent it is able to do so.
5. The invoice is transmitted to the user electronically, as a rule within three business days of the conclusion of the contract. The user consents to electronic invoicing. Invoices are additionally made available for retrieval in the user account.
6. The prices applicable at the time of renewal apply to the renewal of a licence. Prices are not changed unilaterally during a current licence term.
7. Discounts, rebates and special conditions apply only to the contract specified in each case and do not give rise to any entitlement in respect of future contracts.

↑ back to top

§ 23 Payment, due date and default

1. The remuneration is due for payment without deduction within 60 calendar days of the invoice date, that is on NET 60 payment terms, unless a different payment term is stated on the invoice or in an individual agreement. The due date stated on the invoice shall govern. The payment details stated on the invoice, in particular the invoice number as the payment reference, must be quoted in full.
2. The payment term under paragraph 1 is expressly agreed between the parties. In relation to entrepreneurs it constitutes an expressly made agreement within the meaning of Section 271a BGB; it is not grossly unfair to Scicovery as the creditor, since Scicovery regularly activates the service in full upon conclusion of the contract and thereby grants the user a correspondingly long payment period.
3. Payment is made by the payment methods offered in the ordering process, at the user's choice, or by bank transfer against invoice. Scicovery may exclude individual payment methods in an individual case where there is an objective reason to do so. Scicovery engages payment service providers to process payments; their terms apply in addition as between the user and the payment service provider.
4. In the event of default in payment, Scicovery is entitled to charge default interest at the statutory rate. In relation to entrepreneurs, the default interest rate is nine percentage points above the base rate; in addition, Scicovery may claim a flat rate of 40 euros pursuant to Section 288(5) BGB, which shall be credited against any damages owed in respect of costs of legal action. In relation to consumers, the default interest rate is five percentage points above the base rate; the flat rate under Section 288(5) BGB is not charged.
5. The assertion of further damages caused by default remains reserved. For reminders from the second reminder onwards, Scicovery may charge entrepreneurs a flat reminder fee of 5 euros per reminder; the user remains entitled to prove that no damage or substantially lower damage has been incurred.
6. Where the user is in default with a not insignificant payment for more than 30 calendar days, Scicovery may, after prior notice and after setting a reasonable grace period of at least 14 calendar days, block access to the chargeable functions. This does not affect access to data already collected for the purpose of exporting it. The claim to remuneration for the period of the block remains unaffected.
7. Where a payment fails for a reason attributable to the user, in particular by way of a direct debit return or chargeback, the user shall reimburse the resulting costs to the extent that they are responsible for the chargeback.

↑ back to top

§ 24 Set-off and right of retention

1. The user may set off only against counterclaims that are undisputed or have been finally determined by a court.
2. The user may assert a right of retention only in respect of counterclaims arising from the same contractual relationship.
3. The restrictions in paragraphs 1 and 2 do not apply to claims of the user in respect of a defect arising from the same contractual relationship, nor to the extent that they are legally impermissible in relation to consumers.

↑ back to top

§ 25 Term, renewal and ordinary termination

1. The contract for the free licence is concluded for an indefinite period. It may be terminated by either party at any time without notice and without stating reasons. Scicovery will exercise its right of termination only with due regard to the user's interests and will grant them a reasonable period to export their data before the termination takes effect.
2. Paid licences have the fixed term selected in the ordering process, from one month up to twelve months, unless a longer term has been individually agreed. The term begins upon activation of the licence.
3. Paid licences end upon expiry of the agreed term without any need for termination. There is no automatic renewal. Scicovery will remind the user in text form of the forthcoming end of the contract before the term expires.
4. Upon expiry of the term of a paid licence, the user account is automatically downgraded to the free licence. The quotas and functional restrictions applicable under the free licence apply from that point. Where the existing data exceeds the quotas of the free licence, § 28 para. 3 applies.
5. Licences whose term is linked to a quota end as soon as the agreed quota has been exhausted, and at the latest upon expiry of the agreed maximum term.
6. The user may terminate their user account and the associated contracts at any time and close their user account (§ 4 para. 5). Termination before the expiry of the term of a paid licence does not affect Scicovery's claim to remuneration for the agreed term; a claim to a refund exists only in accordance with § 27.
7. Contracts for recruitment services end upon complete performance of the recruitment or upon refund of the fees attributable to participants not recruited pursuant to § 10 para. 3.
8. Notice of termination must be given in text form. The declaration may be sent to [email protected] or submitted via the account settings.
9. The right to terminate extraordinarily for cause (§ 26) and the consumer's right of withdrawal (§ 6) remain unaffected.

↑ back to top

§ 26 Suspension and termination for cause

1. Either party may terminate the contract for cause without notice. Cause exists where, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end.
2. Cause exists for Scicovery in particular where the user
   1. seriously breaches §§ 18 to 21, or repeatedly breaches them despite a warning, in particular disseminates unlawful content or engages in use prohibited under § 20;
   2. significantly impairs, or threatens to impair, the security or functionality of the platform;
   3. is in default with a not insignificant payment for more than 45 calendar days despite the setting of a grace period;
   4. has intentionally provided false information during registration or in the ordering process;
   5. breaches § 38 or is subject to a sanctions measure.
3. Termination for cause requires a prior unsuccessful warning with a reasonable period for remedy, unless the warning is dispensable because the breach is so serious that Scicovery cannot reasonably be expected to adhere to the contract even until a period expires, or because the setting of a period clearly offers no prospect of success.
4. Suspension as a less severe measure. Instead of terminating, Scicovery may temporarily block individual content, individual studies or access to the user account. Any block shall be limited to the extent and duration necessary to remedy the disruption. Scicovery will inform the user of the block and the reasons for it in text form without undue delay and give them the opportunity to comment; the procedure under § 36 applies accordingly. Where there is imminent danger, the information may be provided subsequently.
5. Where a block proves to be unjustified, Scicovery will lift it without undue delay and refund the fees paid for the period of the block pro rata temporis.
6. Where Scicovery terminates for cause attributable to the user, there is no claim to a refund of fees already paid for the period not used. Where the user terminates for cause attributable to Scicovery, the fees attributable to the period not used will be refunded pro rata temporis.
7. Even where Scicovery terminates, the user is given a reasonable opportunity to export their data pursuant to § 28, unless statutory requirements or overriding third-party rights preclude this.

↑ back to top

§ 27 Refunds

1. Irrespective of the consumer's statutory right of withdrawal (§ 6) and of statutory rights in respect of defects and rights of rescission, the following contractual provisions apply to refunds.
2. Where the user terminates before the expiry of the term of a paid licence, there is in principle no claim to a refund in respect of the period still outstanding.
3. A pro rata temporis refund of licence fees for the period still outstanding may be considered where the user experiences significant impairments of the contractually owed service and those impairments are predominantly attributable to circumstances for which Scicovery is responsible. The user shall set out the impairments comprehensibly and submit an application for a refund to Scicovery in text form. Receipt of the application shall govern the calculation of the refund period.
4. Refunds of licence fees are always possible only in respect of periods that have not yet elapsed, not in respect of periods already elapsed.
5. In the case of recruitment services, only the fees attributable to participants not yet recruited will be refunded.
6. Refunds for consulting and implementation services already rendered are excluded (§ 11 para. 9).
7. Labvanced tokens and other consumption-based quotas are not refunded to the extent that they have already been used.
8. Refunds are made by the same means by which payment was made, unless otherwise agreed.
9. Further statutory claims of the user, in particular to a reduction in price, rescission and damages, remain unaffected by this section.

↑ back to top

§ 28 Consequences of termination, data export and deletion

1. Upon termination of the contract, the user's right to use the platform and to access the content and data stored on it ends, unless otherwise provided in the following paragraphs.
2. Export period. Following termination of the contract, Scicovery grants the user a period of at least 30 calendar days within which they may export their user content and the data collected. In the case of termination for cause by Scicovery, this period is at least 14 calendar days. Scicovery will inform the user in text form of the beginning and the end of the period.
3. Where the account is downgraded to the free licence pursuant to § 25 para. 4, the existing data is initially retained. The user is requested to comply with the quotas of the free licence within a reasonable period of at least 30 calendar days by exporting and deleting data or by purchasing a paid licence. After that period has expired without result, Scicovery is entitled, after giving further notice, to delete the data exceeding the quota.
4. Export format. Data export takes place via the export functions provided on the platform in common, structured and machine-readable formats. There is no entitlement to the provision of software suitable for using the data or to any particular proprietary format. At the user's request and against reimbursement of the reasonable expense, Scicovery will assist with the migration of the data.
5. After the export period has expired, Scicovery deletes the user content and the user's data unless statutory retention obligations preclude this. Backup copies already in existence will be overwritten in accordance with § 34 para. 4 within the period stated there.
6. The user remains at all times the sole party entitled to the data entered by them and collected via the platform. They may at any time require Scicovery to hand over some or all of the data. Scicovery has no right of retention in respect of such data; this also applies where payment claims are outstanding.
7. The data is handed over by electronic transmission over the internet.
8. Where the user deletes data themselves or closes their user account, deletion is final. There is no claim to the restoration of deleted data. Scicovery will, where possible, assist with restoration from the existing backups pursuant to § 34 para. 4 in an individual case, but does not owe such restoration.
9. The provisions of this section apply without prejudice to Scicovery's data protection obligations as a processor pursuant to § 33 and the data processing agreement; in the event of conflict, the provisions set out there on the return and deletion of personal data prevail.

↑ back to top

§ 29 Rights in respect of defects

1. The provisions of tenancy law (Sections 535 et seq. BGB) apply to the provision of the platform for use over the internet against payment, unless otherwise provided in these GTC. In relation to consumers, the mandatory provisions on contracts for digital products (Sections 327 et seq. BGB) apply in addition and with priority, in particular the update obligation under Section 327f BGB.
2. Scicovery provides the platform to the user in a condition suitable for its contractual use and maintains it in that condition for the term of the contract.
3. Scicovery's strict liability under Section 536a(1) alternative 1 BGB for defects already existing at the time the contract was concluded is excluded. This exclusion does not apply in relation to consumers.
4. A merely insignificant reduction in the suitability of the platform for its contractual use does not give rise to rights in respect of defects.
5. There is no defect where the impairment
   1. is attributable to one of the circumstances referred to in § 16 para. 3,
   2. is attributable to hardware or software, a network connection or a configuration used by the user or by participants which does not meet the documented system requirements,
   3. is attributable to use in breach of contract or not as intended,
   4. is attributable to a beta feature pursuant to § 15, or
   5. is attributable to characteristics which Scicovery expressly does not owe under these GTC, in particular pursuant to § 3 para. 7, § 10 para. 5, § 12 para. 6 and § 13 para. 6.
6. The user shall give notice of defects without undue delay after becoming aware of them in accordance with § 16 para. 7 and give Scicovery a reasonable opportunity to remedy them.
7. In relation to entrepreneurs, claims in respect of defects become time-barred twelve months after the statutory commencement of the limitation period. This does not apply to claims based on intent or gross negligence, on fraudulently concealed defects, on injury to life, body or health, or to claims under the Product Liability Act; the statutory limitation periods apply in those cases. In relation to consumers, only the statutory limitation periods apply.
8. The provisions on loan for use (Sections 598 et seq. BGB) apply accordingly to the provision of the free licence and the trial licence free of charge. In that respect Scicovery is liable only for intent and gross negligence; § 30 para. 6 applies.

↑ back to top

§ 30 Liability

1. Scicovery is liable without limitation
   1. in cases of intent and gross negligence,
   2. for damage arising from injury to life, body or health resulting from a negligent breach of duty by Scicovery or an intentional or negligent breach of duty by a legal representative or vicarious agent,
   3. to the extent of a guarantee or warranty of quality assumed by Scicovery,
   4. in cases of fraudulent concealment of a defect,
   5. under the Product Liability Act and within the scope of other mandatory statutory liability provisions.
2. In cases of simple negligence, Scicovery is liable only for damage arising from the breach of a material contractual obligation. Material contractual obligations are those obligations whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the user may regularly rely. In such cases, liability is limited to the foreseeable damage typical of the contract at the time it was concluded.
3. The foreseeable damage typical of the contract within the meaning of paragraph 2 amounts, per instance of damage, to no more than the net remuneration paid by the user for the affected service in the twelve months preceding the event causing the damage, but in aggregate to no more than 25,000 euros per calendar year. The user remains entitled to prove that the foreseeable damage typical of the contract is higher. This limitation does not apply in the cases referred to in paragraph 1.
4. Loss of data. Scicovery's liability for the loss of data is limited to the expenditure that would have been required to restore the data had the user backed it up properly and regularly. The user is obliged to carry out their own regular data backup pursuant to § 18 para. 6. This limitation does not apply in the cases referred to in paragraph 1.
5. Any further liability of Scicovery is excluded. This applies in particular to claims for loss of profit, savings not realised, indirect damage, consequential damage, the loss of grants or third-party funding and to third-party claims.
6. Services provided free of charge. For services provided free of charge, in particular the free licence, the trial licence and beta features pursuant to § 15, Scicovery is liable only for intent and gross negligence and in the cases referred to in paragraph 1 letters b to e.
7. Scicovery is not liable for the content, lawfulness, methodological suitability or scientific usability of the studies created by the user and of the data collected with them, nor for the accuracy of the results of the AI features (§ 12), nor for the accuracy of the procedures referred to in § 13.
8. The above limitations of liability also apply in favour of Scicovery's legal representatives, employees, other vicarious agents and subcontractors, and to claims in tort.
9. The above provisions do not entail any change in the burden of proof to the user's detriment.
10. In relation to entrepreneurs, the user's claims for damages become time-barred twelve months after the statutory commencement of the limitation period; § 29 para. 7 sentences 2 and 3 apply accordingly.

↑ back to top

§ 31 Force majeure

1. Neither party is liable for the non-performance or delayed performance of its obligations to the extent that this is attributable to force majeure. Force majeure means all events beyond the control of the affected party which it could not have averted even by exercising due care, in particular natural disasters, war, terrorist attacks, epidemics and pandemics and official measures based on them, industrial action, large-scale failures of the electricity or telecommunications supply and large-scale attacks on the infrastructure of the internet.
2. The affected party shall inform the other party without undue delay of the occurrence and the expected end of the event and shall make all reasonable efforts to limit its effects.
3. Performance obligations are suspended for the duration of the event and for a reasonable start-up period. Where the event continues for more than 60 calendar days, either party may terminate the affected contract on 14 calendar days' notice. In that case, fees already paid for the period not used will be refunded pro rata temporis.
4. Payment difficulties and the procurement of funds do not constitute force majeure.

↑ back to top

§ 32 Data protection and allocation of responsibilities

1. Scicovery processes personal data in accordance with the GDPR, the German Federal Data Protection Act and the other applicable data protection provisions. Details of the processing are set out in the privacy policy as published there.
2. The user's account data. With regard to the data which Scicovery processes in order to establish, perform and terminate the contractual relationship with the user – in particular registration, contract, billing and communication data – Scicovery is the controller within the meaning of Art. 4(7) GDPR.
3. Participant data. With regard to the data which the user collects and processes via the platform in the course of their studies, the user is the controller within the meaning of Art. 4(7) GDPR. Scicovery processes this data exclusively on documented instructions as a processor within the meaning of Art. 4(8) GDPR. The user alone determines the purposes and means of that processing.
4. The user bears sole responsibility for the lawfulness of the collection, processing and use of the participant data and for safeguarding the rights of the data subjects, in particular as regards information, access, rectification, restriction of processing, erasure and data portability. Scicovery supports the user in this respect in accordance with the data processing agreement.
5. The user warrants that they are entitled to collect, process and use personal data under the applicable provisions. In the event of a breach, they shall indemnify Scicovery against third-party claims in accordance with § 19 para. 7.
6. The user is responsible for informing the participants of their studies about the data processing (§ 21 para. 3) and for drawing their attention to the provisions applicable to the use of the platform, to the extent necessary.
7. Scicovery's access rights. Scicovery accesses user content and participant data exclusively to the extent necessary in order to
   1. provide the contractually owed services, in particular to remedy faults,
   2. handle an express support or consulting request from the user,
   3. ensure the security and integrity of the platform,
   4. follow up a specific indication of a breach of § 20 or of unlawful content (§ 36), or
   5. comply with statutory obligations or official and judicial orders.
   No access to user content or participant data takes place without specific cause, and there is no monitoring of use without specific cause. Access under letters a, c and d is logged.
8. Scicovery informs the user of official or judicial orders to hand over data, to the extent legally permissible.

↑ back to top

§ 33 Processing on behalf and sub-processors

1. To the extent that Scicovery processes personal data on behalf of the user (§ 32 para. 3), the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR. Scicovery provides a model agreement for this purpose, available from the documents page of the platform. The data processing agreement forms part of the contractual relationship and takes precedence over these GTC in matters concerning the processing of personal data.
2. The user grants Scicovery the right, for the purposes of performing the contract, to reproduce the data to be stored for the user to the extent necessary to provide the services owed. Scicovery is also entitled to hold the data in a failover system or in a separate failover data centre and to make changes to the structure of the data or to the data format in order to remedy disruptions.
3. Sub-processors. Scicovery is entitled to engage sub-processors. Scicovery provides an up-to-date overview of the sub-processors engaged, including their place of processing, within the framework of the data processing agreement. The user is informed in advance of intended changes concerning the addition or replacement of sub-processors and may object to them for cause.
4. User content and participant data are processed in data centres within the Federal Republic of Germany. Processing outside the European Economic Area takes place only to the extent necessary for the provision of individual additional features, in particular the AI features pursuant to § 12; in that case Scicovery ensures compliance with the requirements of Chapter V GDPR.
5. Scicovery supports the user in fulfilling their obligations under Art. 32 to 36 GDPR, in particular in responding to requests from data subjects, in notifying personal data breaches and in carrying out a data protection impact assessment, in accordance with the data processing agreement.
6. Scicovery provides an overview of the technical and organisational measures pursuant to Art. 32 GDPR as an annex to the data processing agreement.

↑ back to top

§ 34 Data security and backups

1. Scicovery takes technical and organisational measures corresponding to the state of the art in order to ensure the confidentiality, integrity, availability and resilience of the systems and of the data processed. The Privacy Policy informs about storage locations, recipients and retention periods in its sections 12 to 15.
2. Access to study content and collected data requires an authenticated login. Studies are accessible outside the authenticated user account only if and to the extent that the user has expressly published them. Passwords are stored exclusively in hashed form. Transmission is encrypted in transit.
3. The data is stored on systems operated in separate data centres, so that operations can be continued in the event of one data centre failing.
4. Backups. Scicovery carries out backups with a retention period of seven days. These backups serve exclusively to restore operations following technical disruptions and do not give the user any claim to the restoration of individual items of content deleted by them. After the retention period has expired, the backups are overwritten. § 18 para. 6 and § 30 para. 4 remain unaffected.
5. Scicovery informs the user without undue delay of personal data breaches affecting the data for which the user is responsible and provides them with the information required to fulfil their notification and communication obligations under Art. 33 and 34 GDPR.
6. The user shall take appropriate security measures within their own sphere of responsibility, in particular protect their end devices and access credentials and review access authorisations regularly.

↑ back to top

§ 35 Confidentiality

1. The parties undertake to treat all confidential information of the other party which comes to their knowledge in the course of the initiation and performance of the contract as confidential without limit in time, to use it only for the purposes of this contract and not to disclose it to third parties.
2. Confidential information means all information marked as confidential or recognisable as confidential by its nature, in particular unpublished study designs, research data, hypotheses and analyses of the user as well as technical information, pricing and trade secrets of Scicovery.
3. The obligation under paragraph 1 does not apply to information which
   1. was already lawfully known to the receiving party before it was communicated,
   2. is or becomes generally known without breach of this agreement,
   3. was lawfully made available to the receiving party by a third party entitled to disclose it,
   4. was independently developed by the receiving party, or
   5. must be disclosed on the basis of a statutory obligation or an official or judicial order; the disclosing party shall inform the other party in advance to the extent legally permissible.
4. The parties shall disclose confidential information only to those employees and agents who require it for the performance of the contract and who are bound to confidentiality to an equivalent extent.
5. The protection of trade secrets under the German Act on the Protection of Trade Secrets remains unaffected.

↑ back to top

§ 36 Notice and action mechanism, point of contact

1. To the extent that Scicovery provides a hosting service with the platform within the meaning of Regulation (EU) 2022/2065 (Digital Services Act), the following provisions apply.
2. Point of contact. The single point of contact for users and for authorities pursuant to Art. 11 and 12 of Regulation (EU) 2022/2065 is [email protected] as stated above. Communication is possible in German and in English.
3. Notification of illegal content. Any person may notify Scicovery at the address stated in paragraph 2 that content made available on the platform is illegal. The notification should contain:
   1. a sufficiently substantiated explanation of the reasons why the content is considered to be illegal,
   2. the exact electronic location of the content, in particular the URL, and, where necessary, additional information enabling it to be identified,
   3. the name and e-mail address of the notifying person, except in the case of certain criminal offences,
   4. a confirmation that the notifying person believes in good faith that the information contained in the notification is accurate and complete.
4. Scicovery confirms receipt of a notification without undue delay, processes it in a timely, diligent, non-arbitrary and objective manner and informs the notifying person of the decision taken.
5. Measures and statement of reasons. Where Scicovery restricts the visibility of content, removes it, disables access to it, or suspends or terminates the provision of the service to the user, Scicovery informs the affected user of the decision and provides a clear and specific statement of reasons pursuant to Art. 17 of Regulation (EU) 2022/2065. The statement of reasons contains in particular information on the scope of the measure, the facts and circumstances on which it is based, the legal basis or the contractual basis relied upon, and the available redress mechanisms.
6. Complaint procedure. The affected user and the notifying person may lodge a complaint in text form against a decision under paragraph 5 within six months of receipt of the decision, addressed to the address stated in paragraph 2. Scicovery examines the complaint without undue delay in a diligent, non-arbitrary and objective manner, under the supervision of appropriately qualified staff and not solely by automated means. Where the complaint proves to be justified, Scicovery reverses the measure without undue delay. The complainant is informed of the outcome and of further redress mechanisms.
7. The possibility of bringing proceedings before a court or of using an out-of-court dispute settlement body pursuant to Art. 21 of Regulation (EU) 2022/2065 remains unaffected.
8. Scicovery is entitled, after prior warning, to take measures pursuant to § 26 against users who repeatedly provide manifestly illegal content, and to suspend the handling of further notices or complaints for a reasonable period in relation to persons who repeatedly submit manifestly unfounded notices or complaints.
9. Scicovery is under no general obligation to monitor the content transmitted or stored by users or to actively investigate unlawful activities.

↑ back to top

§ 37 Accessibility

1. Scicovery endeavours to make the platform accessible and is guided in this respect by the relevant standards, in particular EN 301 549 and the Web Content Accessibility Guidelines. Scicovery provides a conformance report on the documents page of the platform.
2. Where the user creates studies directed at consumers, or is itself subject to accessibility requirements, the user is responsible for designing the content, processes and materials created by them in an accessible manner. Scicovery merely provides the technical means for this purpose.
3. Scicovery receives feedback on the accessibility of the platform by e-mail to [email protected] at any time.

↑ back to top

§ 38 Export control and sanctions

1. Use of the platform is subject to the applicable provisions of foreign trade, customs and sanctions law of the Federal Republic of Germany and the European Union and, where applicable, of other states.
2. The user warrants that neither they nor the persons added by them to the licence nor their beneficial owners are listed on any relevant sanctions list and that they are not directly or indirectly controlled by a listed person.
3. The user shall not use the platform in countries or territories subject to a comprehensive economic embargo and shall not use it for purposes prohibited under export control law, in particular not in connection with the development or proliferation of weapons.
4. Scicovery is entitled to suspend or refuse the provision of services to the extent that it is prohibited from providing them under export control or sanctions law. The user has no claims on account of such suspension; fees already paid for services not rendered will be refunded pro rata temporis to the extent legally permissible.

↑ back to top

§ 39 Amendments to these GTC

1. Scicovery may amend these GTC with effect for the future to the extent that the amendment is necessary in order to
   1. take account of a change in the law, of case law of the highest courts or of an official order,
   2. close a gap in the provisions arising from technical developments or from the further development of the platform, in particular upon the introduction of new features or types of service,
   3. remove ambiguities or contradictions or replace a provision that is invalid pursuant to § 45 para. 3, or
   4. adapt the provisions in the user's favour.
   The amendment must not shift the balance between performance and consideration to the user's detriment and must not concern material contractual obligations which characterise the nature of the contract.
2. Scicovery shall notify the user of the intended amendment in text form at the latest six weeks before the proposed date on which it is to take effect. The notification shall contain the amended provisions in their wording or as a comparison, the date on which they take effect and a clearly presented reference to the right to object, to the objection period and to the consequences of failing to object.
3. The user may object to the amendment in text form within six weeks of receipt of the notification. If the user does not object within that period, the amendment shall be deemed approved.
4. Where the user objects in due time, the contract shall be continued on the previous terms. Where continuation on the previous terms is unreasonable for Scicovery, Scicovery may terminate the contract with effect from the date on which the amendment takes effect, in the case of paid licences at the earliest with effect from the expiry of the agreed term. Where Scicovery terminates, fees paid in advance will be refunded pro rata temporis for the period not used.
5. Paragraphs 1 to 4 do not apply to changes to the primary contractual obligations or to the fees. Such changes require an express agreement between the parties; § 22 para. 6 applies to the renewal of a licence.
6. The current version of these GTC is available at www.labvanced.com/agb.html at all times. Each version bears a version number and an issue date. For a contract already concluded, the version incorporated at the time the contract was concluded applies until an amendment pursuant to this section takes effect.

↑ back to top

§ 40 Reference to customers and scientific citation

1. Scicovery may name the user or their institution and use their logo as a reference only with the user's prior consent in text form. The user may withdraw consent given at any time with effect for the future.
2. The user is entitled to name the platform as an instrument of data collection in scientific publications and to use the trade mark “Labvanced” for that purpose. Such naming does not imply any statement as to any involvement in, review of or endorsement of the publication by Scicovery.
3. Any use of Scicovery's trade marks, logos and other signs going beyond this, in particular in an advertising context, requires prior consent in text form.

↑ back to top

§ 41 Assignment and transfer of contract

1. The user may transfer rights and obligations under this contract to third parties only with Scicovery's prior consent in text form. Consent may not be refused without objective reason. Section 354a of the German Commercial Code (HGB) remains unaffected.
2. Scicovery is entitled to transfer its rights and obligations under this contract in whole or in part to an affiliated company or, in the context of universal succession or a transfer of business, to an acquirer. Scicovery will inform the user of this in text form with reasonable notice. In that case the user has the right to terminate the contract with effect from the date of the transfer; fees paid in advance will be refunded pro rata temporis.
3. Where the user changes institution, they may ask Scicovery to transfer their user content to another user account. Scicovery will support such a transfer provided that the data protection requirements are met and the entitlement is demonstrated.

↑ back to top

§ 42 Text form, notices and communication

1. Where these GTC provide for text form, a declaration by e-mail or via the functions provided for that purpose on the platform is sufficient.
2. Notices from Scicovery to the user are sent to the e-mail address last stored in the user account or by way of a notification within the platform. The user shall ensure that they are reachable at the stored address and shall update it without undue delay in the event of changes. Notices are deemed received when they could be retrieved under normal circumstances.
3. Notices from the user to Scicovery are to be addressed to [email protected] or to the address stated in § 1 para. 1.
4. The languages of the contract and of communication are German and English.

↑ back to top

§ 43 Governing law, place of performance and place of jurisdiction

1. All legal relationships between Scicovery and the user are governed by the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. Where the user acts as a consumer, the choice of law under paragraph 1 applies only to the extent that it does not deprive the consumer of the protection afforded to them by the mandatory provisions of the law of the state in which they have their habitual residence.
3. The place of performance for all services is Paderborn.
4. Where the user is a merchant, a legal person governed by public law or a special fund governed by public law, Paderborn is the exclusive place of jurisdiction for all disputes arising from or in connection with this contract. The same applies where the user has no general place of jurisdiction in Germany, moves their domicile or habitual residence out of Germany after the conclusion of the contract, or where their domicile or habitual residence is unknown at the time the action is brought. Scicovery remains entitled to bring proceedings against the user at their general place of jurisdiction.
5. Paragraph 4 does not apply in relation to consumers. The statutory places of jurisdiction apply to actions against consumers and to actions brought by consumers.

↑ back to top

§ 44 Consumer dispute resolution

1. Scicovery is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Scicovery endeavours to resolve any differences directly with the user. Users are asked to contact [email protected] in the first instance.
3. Access to the ordinary courts remains unaffected in all cases. § 36 para. 7 applies in addition to disputes concerning decisions under § 36.

↑ back to top

§ 45 Final provisions

1. Ancillary agreements, amendments and supplements to this contract must be made in text form. This also applies to any waiver of this text form requirement. Individual contractual agreements within the meaning of Section 305b BGB shall in all cases take precedence.
2. Language versions. These GTC are provided in German and in English. Only the German version is authoritative and legally binding. The English version serves information purposes only; in the event of discrepancies, the German version prevails.
3. Severability. Should individual provisions of these GTC be or become wholly or partly invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the statutory provisions. The same applies in the event of a gap in the provisions.
4. The headings in these GTC serve solely for ease of reference and have no bearing on their interpretation.
5. References to statutory provisions refer to the version in force from time to time, including any successor provisions.
6. These GTC take effect on 15 October 2026 and replace all previous versions with effect from that date. § 39 applies to contracts concluded before that date.

↑ back to top

Annex 1 Model withdrawal form

If you wish to withdraw from the contract, please complete this form and return it. Use of the form is not obligatory; an informal unequivocal statement is sufficient.

↑ back to top